Neighbor has elected to damage over 20 trees

[4570Man]

Maybe I don’t fully understand the situation but I would have done the same thing and it sounds like you’re the one stirring up trouble. I’ve been to board meetings before and trying to get everyone to agree on the same thing is impossible and would never happen. If you keep at this the neighbor might decide he needs a new D8 and a 50’ road.

 

[joecoin]

Everyone posting here who is licensed to practice law in the State of Tennessee raise your hand.


The rest of you need to stop giving legal advice, IMO.

 

[Al 2]

Please do not disturb, move or change existing survey monuments. I can guarantee they wont be replaced with the same accuracy as they were set. What this means is that when another surveyor comes along in the future and the measurements are different more investigation is needed as to why the difference. They would probably within a few inches and a non issue for anyone but the surveyor. Also, if the plan says a rebar has been planted, that's what the surveyor or someone else, is looking for. Not an axle, pipe or whatever. This causes more confusion and investigation and what this means is more expense for the client. By all means, mark the location of the rebar a foot or so away from the bar with whatever works..
Al

 

[EddieWalker]

Just something to consider with ROW's along public roads. At one time, I owned some land with over 1,200 feet of County Road frontage here in Texas. My survey showed that my property line was the middle of the paved Country Road. The ROW was 60 feet wide, and there was a barb wife fence in place when I bought the land on the edge of the ROW. By all assumptions, when looking at the land, I thought the property started at the fence, but I found out that for taxes, I was paying property taxes on half of that road. I had no rights to do anything on that ROW except drive it like everyone else. This included all utilities that ran through or along that ROW. I could mow it if I wanted to, but the County did that twice a year anyway. There wasn't a single tree in that ROW, but they trimmed all the trees that hung over from my side of the fence that they wanted to.

 

[747driver]

I say just let him keep on doing what he is doing. Heck, even take your tractor down and offer assistance.

Its within the ROW....that we have established. So there is little to nothing you can do...period.

And since he started this work before you even bought the land....perhaps he already had notified the previous owners??
And not knowing you owned the land til you first confronted him about it......at that point you knew what he was doing....so there is your notification....he is correct though....road ROW and he can do what he wants.

So now it seems to be a grasp at straws that you are upset about a little dirt and firewood.

Could you imagine coming home from your 3 week trip to a pile of fill dirt and a bunch of uprooted trees and stumps all drug up in your yard by your house??

Technically though....since this is within the ROW....all shared owners need to contribute equally to the cost.....and all should share in the dirt, stumps, trees, etc.

Seems this guy is just making it easy for everyone. Improve the road, get rid of the waste, not bother anyone.

We don't live on this property, our house is another section of the development. NO he didn't ask the previous owner if he could do anything.. Guess you didn't see my post about 'road maintenance covenant' ? You have to send out notifications to all property owners for what you want to do on the road and then a majority has to agree or disagree. The issue is he did not seek permission ! At least I would have the dirt on my property.....I guess you wouldn't care if someone came on your property and took soil and trees without asking ?

 

[two_bit_score]

Just something to consider with ROW's along public roads. At one time, I owned some land with over 1,200 feet of County Road frontage here in Texas. My survey showed that my property line was the middle of the paved Country Road. The ROW was 60 feet wide, and there was a barb wife fence in place when I bought the land on the edge of the ROW. By all assumptions, when looking at the land, I thought the property started at the fence, but I found out that for taxes, I was paying property taxes on half of that road. I had no rights to do anything on that ROW except drive it like everyone else. This included all utilities that ran through or along that ROW. I could mow it if I wanted to, but the County did that twice a year anyway. There wasn't a single tree in that ROW, but they trimmed all the trees that hung over from my side of the fence that they wanted to.

I think the difference is that the OP is on a private road. I think you are correct that a county road ROW would be held a little differently.

 

[Al 2]

" Its within the ROW....that we have established. So there is little to nothing you can do...period."
From what I read so far I don't think that the location of the ROW has legally been determined yet. If " if's and but's were cakes and nuts, it would be Christmas all year long"
Al

 

[747driver]

Maybe I don’t fully understand the situation but I would have done the same thing and it sounds like you’re the one stirring up trouble. I’ve been to board meetings before and trying to get everyone to agree on the same thing is impossible and would never happen. If you keep at this the neighbor might decide he needs a new D8 and a 50’ road.

No you don't fully understand ! Yes...work can be done within the ROW but only with permission from all the other land owners...you just can't arbitrarily start clearing land and cutting trees down.

 

[two_bit_score]

We don't live on this property, our house is another section of the development. NO he didn't ask the previous owner if he could do anything.. Guess you didn't see my post about 'road maintenance covenant' ? You have to send out notifications to all property owners for what you want to do on the road and then a majority has to agree or disagree. The issue is he did not seek permission ! At least I would have the dirt on my property.....I guess you wouldn't care if someone came on your property and took soil and trees without asking ?

How many property owners are involved who would have a say in the road maintenance covenant?

 

[747driver]

Please do not disturb, move or change existing survey monuments. I can guarantee they wont be replaced with the same accuracy as they were set. What this means is that when another surveyor comes along in the future and the measurements are different more investigation is needed as to why the difference. They would probably within a few inches and a non issue for anyone but the surveyor. Also, if the plan says a rebar has been planted, that's what the surveyor or someone else, is looking for. Not an axle, pipe or whatever. This causes more confusion and investigation and what this means is more expense for the client. By all means, mark the location of the rebar a foot or so away from the bar with whatever works..
Al

We are getting the same surveyor who we have used before and knows the development.